Legal Question in Wills and Trusts in Ohio

Death of Employee

An employee died. Who do we make the final check to? The spouse wants it made out to them.


Asked on 4/08/08, 9:46 am

1 Answer from Attorneys

Philip Schmidt Brady, Coyle & Schmidt, Ltd.

Re: Death of Employee

Here is the Statute:

2113.04 Payment of wages of deceased employee without administration.

Any employer, including the state or a political subdivision, at any time after the death of his or its employee, may pay all wages or personal earnings due to the deceased employee to: (A) the surviving spouse; (B) any one or more of the children eighteen years of age or older; or (C) the father or mother of the deceased employee, preference being given in the order named, without requiring letters testamentary or letters of administration to be issued upon the estate of the deceased employee, and without requiring an Ohio estate tax release where the wages or personal earnings do not exceed two thousand five hundred dollars. The payment of wages or personal earnings is a full discharge and release to the employer from any claim for the wages or personal earnings. If letters testamentary or letters of administration are thereafter issued upon the estate of the deceased employee, any person receiving payment of wages or personal earnings under this section is liable to the executor or administrator for the sum received by him.

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Answered on 4/08/08, 10:33 am


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